BLUE MOUNTAINS CITY-WIDE SECTION 94A INFRASTRUCTURE ... · Environmental Plan 2015, Blue Mountains...

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BLUE MOUNTAINS CITY-WIDE SECTION 94A INFRASTRUCTURE CONTRIBUTIONS PLAN (Section 94A Development Contributions Plan) ADOPTED: 27 June 2017 COMMENCEMENT: 5 July 2017 CITY-WIDE SECTION

Transcript of BLUE MOUNTAINS CITY-WIDE SECTION 94A INFRASTRUCTURE ... · Environmental Plan 2015, Blue Mountains...

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BLUE MOUNTAINS

CITY-WIDE SECTION 94A INFRASTRUCTURE

CONTRIBUTIONS PLAN

(Section 94A Development Contributions Plan)

ADOPTED: 27 June 2017

COMMENCEMENT: 5 July 2017

CITY-WIDE SECTION

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Table of Contents Part 1: Summary Schedule ........................................................................................... 1 Part 2: Introduction ....................................................................................................... 2

2.1 Name of the Plan ................................................................................................ 2 2.2 Application of this Plan ........................................................................................ 2

2.3 Commencement ................................................................................................. 3 2.4 Relationship to other development contributions plans ........................................... 3 2.5 Relationship to other plans and policies ................................................................. 3 2.6 Savings and transitional arrangements .................................................................. 3

2.7 What are the Purposes of this Plan? ...................................................................... 3 2.8 What does Section 94A of the EP&A Act 1979 provide? ........................................... 4

Part 3: Administration and Operation of this Plan ...................................................... 5 3.1 What is the Section 94A contribution levy? ............................................................ 5 3.2 How will the contributions be calculated? .............................................................. 5 3.3 Procedure for calculating cost of development ....................................................... 5

3.4 What is included in calculating the cost of development? ........................................ 6 3.5 When are payments to be made? ......................................................................... 6 3.6 Methods for making payment .............................................................................. 6 3.7 How will the contribution be adjusted? ................................................................. 7 3.8 Can deferred or periodic payments be made? ........................................................ 7

3.9 Refunds ............................................................................................................. 8 3.10 Variations or exemptions to contributions ............................................................. 8 3.11 Construction certificates and the obligation of accredited certifiers .......................... 9 3.12 Complying development and the obligation of accredited certifiers .......................... 9

3.13 Are there any alternatives to payment of the levy? ................................................. 9 3.14 Application of contributions collected under this Plan ........................................... 10 3.15 Pooling of contributions ..................................................................................... 10

Part 4: Expected Development & Demand for Public Facilities ............................... 11 4.1 Population trends ............................................................................................. 11 4.2 Residential development ................................................................................... 11 4.3 Commercial and industrial development .............................................................. 12

4.4 Other types of development ............................................................................... 12 4.5 Effect on demand for public facilities ................................................................... 12

APPENDIX A: REGISTERED* QUANTITY SURVEYOR’S DETAILED COST REPORT14 APPENDIX B: SCHEDULE OF ITEMS FOR CALCULATING THE PROPOSED COST OF CARRYING OUT THE DEVELOPMENT ...................................................................... 16 APPENDIX C: SCHEDULE OF WORKS ...................................................................... 17 APPENDIX D: MAPS OF SCHEDULED WORKS ........................................................ 18

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Part 1: Summary Schedule The following Tables provide a summary of the levy rates and schedule of works applicable under the Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan (Section 94A Plan).

Money paid to Council under a condition authorised by this Plan is to be applied by the Council towards meeting the cost of one or more of the public facilities that will be or have been provided within the area as listed in the Works Schedule included in Appendix C to this Plan.

TABLE 1: SUMMARY OF LEVIES

The Section 94A Levy will be applied at the following rates in all areas where this Plan applies:

Proposed Cost of the Development (all classes) Levy Percentage

$0 - $100,000 0%

$100,001 - $200,000 0.5%

More than $200,000 1.0% Clause 25J of the EP&A Regulation 2000 sets out the way in which the proposed cost of carrying out a development is to be determined.

TABLE 2: SUMMARY OF WORKS SCHEDULE BY CATEGORY

Category Section 94A Funding 2017-2022

Funding Priority

Community Buildings and Facilities $1,000,000 High

Public Domain - Town Centre Improvements

$1,390,000 High-Medium

Recreation Facilities – District Park Program

$650,000 High-Medium

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Part 2: Introduction

2.1 Name of the Plan

Formally, this is the Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan (the Plan). These types of plans may also be referred to as a Section 94A Developers or Development Contributions Plans.

2.2 Application of this Plan

The Plan applies to the Blue Mountains Local Government Area (LGA) in its entirety, as shown in Figure 1 below. However, it does not apply to land where another in-force contributions plan adopted by the Council applies.

This Plan applies to all applications for development consent and all applications for complying development certificates made under Part 4 of the Environmental Planning and Assessment Act, 1979 (the Act). Some exemptions, concessions and alternatives may apply within the provisions of this Plan.

Figure 1 – Blue Mountains Local Government Area

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2.3 Commencement This Plan was adopted by Council on 27 June 2017 and commenced on 5 July 2017.

2.4 Relationship to other development contributions plans This Plan repeals the Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan (Section 94A Plan) adopted on 23 June 2015.

2.5 Relationship to other plans and policies

This Plan must be considered in association with the provisions of Blue Mountains Local Environmental Plan 2015, Blue Mountains Local Environmental Plan 1991, Blue Mountains Local Environmental Plan No. 4, Blue Mountains Development Control Plan 2015 and any amendments or plans that may supersede these documents.

EXPLANATION: The Blue Mountains Local Environmental Plans and Development Control Plan regulate development within the LGA. When making a decision on any development application, the Council must consider the relevant provisions of the Local Environmental Plans and Development Control Plans applicable to the application. When imposing conditions of consent (including conditions requiring an infrastructure contribution), the Council must ensure that the development addresses the provisions of the Local Environmental Plans and the Development Control Plan.

2.6 Savings and transitional arrangements

(1) A development application that has been submitted prior to the adoption of this Plan but not determined shall be determined in accordance with the provisions of this Plan, as they applied at the date of determination of the application.

(2) All works undertaken by, or on behalf of, Blue Mountains City Council are exempted from any contribution.

EXPLANATION: This Part establishes how an application will be assessed in respect of infrastructure contributions if it was lodged prior to a relevant Part of this plan becoming operational. An application is subject to the Plan that is operational when the consent is granted.

2.7 What are the Purposes of this Plan?

The purposes of this Plan are:

(a) To authorise the Council to impose conditions on certain development consents and complying development certificates requiring the payment of a contribution pursuant to Section 94A of the Act;

(b) To require an accredited certifier to impose conditions in a complying development certificate requiring the payment of a contribution pursuant to Section 94A of the Act;

(c) To help fund the provision of public facilities, infrastructure and services that are required for those people who live, work and use facilities in the Blue Mountains Local Government Area;

(d) To provide a transparent process for managing the collection of developer contributions; and

(e) To clearly identify the projects that will be funded by the developer contributions collected under this Plan.

EXPLANATION: Any infrastructure contributions plan is established under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. This Plan must be prepared in a manner consistent with the legal requirements. The purposes of the Plan set out the overall policy guidelines upon which this Plan is constructed and administered.

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2.8 What does Section 94A of the EP&A Act 1979 provide?

Section 94A of the EP&A Act 1979 provides for consent authorities to impose as a condition of development consent, a requirement that the applicant pay a levy being a percentage of the proposed cost of carrying out the development.

Monetary contributions required by a condition that is imposed in accordance with this Plan and that are paid to the Council are to be applied towards the provision, extension or augmentation of public amenities or public services (or towards recouping of the cost of public amenities or services provided in advance of the development).

There is no requirement for there to be a direct connection between the subject development and the object of the expenditure of the levies.

The EP&A Regulation 2000 sets out the provisions for or with respect to levies under section 94A of the EP&A Act 1979, including the means by which the estimated proposed cost of carrying out development is determined and the maximum percentage of the levy.

EXPLANATION: Further information on the EP&A Act 1979 and the EP&A Regulation 2000 containing infrastructure contributions legislation can be located on NSW Legislation website at www.legislation.nsw.gov.au

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Part 3: Administration and Operation of this Plan

3.1 What is the Section 94A contribution levy?

This Plan:

a) Authorises the Council to grant development consent or to issue a complying development certificate; and

b) Requires an accredited certifier to issue a complying development certificate

for development to which this Plan applies to impose a condition of consent requiring the payment to the Council of a levy of a maximum 1 per cent of the proposed cost of carrying out the development.

The rate of the levy is applied according to the following Proposed Cost of Development thresholds:

Proposed Cost of the Development Levy Percentage

$0 - $100,000 0%

$100,001 - $200,000 0.5%

More than $200,000 1.0%

3.2 How will the contributions be calculated?

The contribution amount will be determined on the basis of the levy percentage set out as above. Therefore, the contribution amount will be calculated as follows:

Contribution payable = %C x $C

Where %C is the contribution rate applicable $C is the proposed cost of carrying out the development

The proposed cost of carrying out the development is to be determined in accordance with Clause 25J of the EP&A Regulation 2000, with further detail in Clause 3.3, 3.4 and Appendix B of this plan. The calculation of the proposed cost of a development will be undertaken in accordance with Clause 3.3 of this Plan.

3.3 Procedure for calculating cost of development 3.3.1 Procedure for development applications and complying development certificates with an

estimated value of less than $2,000,000 When lodging an application for development consent or for a complying development certificate the applicant is required to complete the Cost Summary within the Land Use Application Form (Part 2 of the Application) which is used to determine the contribution. The amounts included in the Cost Summary should comply with Clause 25J of the EP&A Regulation 2000. Council reserves the right to request a Quantity Surveyor’s Detailed Cost Report as described in clause 3.3.2 below, and in Appendix A, if it believes that the value of a development as estimated by the Cost Summary Report does not reflect the development’s true cost. 3.3.2 Procedure for development applications and complying development certificates with an

estimated value of greater than $2,000,000 When lodging an application for development consent or for a complying development certificate the applicant is required to complete the Cost Summary within the Land Use Application Form

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(Part 2 of the Application) which is used to determine the contribution. The amounts included in the Cost Summary should comply with Clause 25J of the EP&A Regulation 2000. In addition, a Quantity Surveyor’s Detailed Cost Report (Appendix A) must be submitted at application stage by a registered Quantity Surveyor. The Quantity Surveyor’s report should include estimates for those items listed in clause 25J of the EP&A Regulation 2000. Appendix B also provides a schedule of items to be considered in calculating of the proposed costs of carrying out the development.

In both cases, any costs associated with determining the proposed cost of carrying out development will be met by the applicant.

Without limitation to the above, the Council may review the valuation of works and may seek the services of an independent party to verify the costs. In these cases, all costs associated with obtaining such advice will be at the expense of the applicant and no construction certificate will be issued until such time that the levy has been paid.

EXPLANATION: The proposed cost is submitted by the applicant as part of the development application. This plan allows the Council to independently verify the proposed costs at the expense of the applicant.

3.4 What is included in calculating the cost of development? Clause 25J of the EP&A Regulation 2000 sets out the way in which the proposed cost of carrying out a development is to be determined.

EXPLANATION: Further information on the EP&A Act 1979 and the EP&A Regulation 2000 stipulating development contributions legislation can be located on NSW Legislation website at www.legislation.nsw.gov.au

3.5 When are payments to be made?

Subject to Clause 3.8, contributions must be paid to the Council at the time specified in the condition that imposes the requirement to pay the contribution. If no such time is specified, the contribution must be paid:

a) In relation to a Development Consent, prior to the issue of a Construction Certificate for the development or the commencement of the use of the land, whichever first occurs; or

b) In relation to a Complying Development Certificate, prior to construction commencing or the commencement of the use of the land, whichever first occurs; or

c) In relation to a Development consent involving subdivision, prior to the issue of the Subdivision Certificate.

EXPLANATION: A condition of consent will specify the amount payable as a contribution under this Plan. The applicant must pay the required amount according to the timing set out in the above clause.

3.6 Methods for making payment

The Council will accept the following methods for payment of contributions:

a) Bank cheque drawn in favour of Blue Mountains City Council;

b) Credit Card electronic payment (Visa, Mastercard, etc.); or

c) EFTPOS electronic payment.

Payment by personal cheques or by cash will not be accepted.

EXPLANATION: The Council will only accept payment for infrastructure contributions in the manner set out above. This ensures that payments are undertaken using secure and cost effective methods that can be traced where necessary. As contributions can be large, payment by personal cheques or cash are unacceptable with respect to security and the ability to thoroughly audit the funding source.

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3.7 How will the contribution be adjusted?

Contributions required as a condition of consent or complying development certificate under the provisions of this Plan will be adjusted at the time of payment of the contribution in accordance with the following formula:

Contribution at time of payment = $Co x CPI2/CPI1

Where

$Co is the original contribution as set out in the consent.

CPI1 is the Consumer Price Index, All Groups, Sydney as published by the Australian Bureau of Statistics in respect of the quarter ending immediately prior to the date of imposition of the condition.

CPI2 is the Consumer Price Index, All Groups, Sydney as published by the Australian Bureau of Statistics in respect of the quarter ending immediately prior to the date of payment.

Note: The adjusted contribution amount shall not be less than the contribution amount at the time of consent or issue of Complying Development Certificate.

EXPLANATION: Clause 25J(4) of the EP&A Regulation allows for the adjustment of a contribution between the date of consent or issue of Complying Development Certificate and the time of payment, which may vary substantially.

3.8 Can deferred or periodic payments be made? a) In relation to a development consent granted for:

(i) the development of an item of State Heritage Significance; or (ii) a development for a commercial or industrial purpose that in the opinion of the

Council will make a significant contribution to employment in the City or that will require a contribution in excess of $200,000 to be paid in accordance with this Plan,

the Council may (in the exercise of its unfettered discretion) allow payment of the contribution to be made: (iii) prior to the issue of any occupation certificate (interim or final) required to be issued

for the development; (iv) at the expiration of a period of up to one year after the date on which an Occupation

Certificate for the development is issued; or (v) by periodic payments, for the amounts and on the dates specified by the Council.

b) In deciding whether to allow the payment of a contribution under this plan to be made in

accordance with clause 3.8(a), the Council will consider whether the timing and manner of the payment will unreasonably prejudice the conduct or the timing of the works specified in the Works Schedule.

c) If the Council does accept the payment of contributions in accordance with clause 3.8(a), the Council may require the applicant to: (i) pay interest on the unpaid balance of the contribution at such rate, at such times

and by such means as the Council, acting reasonably, may nominate; and (ii) provide a bank guarantee (given by an Australian registered bank acceptable to

the Council and drawn in such terms as the Council, acting reasonably, shall nominate) for the amount of the unpaid contribution or of the contribution balance.

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EXPLANATION: This clause has been amended to allow for the contribution to be paid up to one year after the issue of an Occupation Certificate for some developments. By introducing this option there is also a need to include a clause providing for Council to receive a bank guarantee to protect against default of payment in this situation. This is included in subclause ‘c’.

3.9 Refunds Councils are not obligated under legislation to refund a development contributions payment. Nevertheless, Council may consider refunding a fully paid development contribution in either of the following circumstances:

a) A Development Consent is modified under section 96 of the Environmental Planning and Assessment Act 1979 resulting in a reduction in the contribution. In this case Council may refund the difference. The applicant must submit evidence in writing of the reduction in the proposed cost of carrying out the development; or

b) The applicant has not commenced the development and decides not to proceed with the consent, including cases where the consent has lapsed. In this case the applicant will need to surrender the consent in accordance with section 104A of the Environmental Planning and Assessment Act 1979. In this case the applicant must apply for the refund in writing to Council within a maximum 12 months after lapse or on surrender of the Development Consent for which the refund is sought.

3.10 Variations or exemptions to contributions

3.10.1 In accordance with Section 94E Directions issued by the Minister for Planning, no contributions under this Plan will be required from developments where a development contribution under Section 94 of the Environmental Planning and Assessment Act 1979 has been required in respect of the subdivision of land (initial subdivision), a levy under section 94A of that Act may not be required in respect of any other development on the land, unless that other development will, or is likely to, increase the demand attributable to the initial subdivision.

Other variations or exemptions are as prescribed by any future Directions made by the Minister under section 94E of the Act.

3.10.2 The Council may also consider exempting the following developments, or components of those developments from paying contributions under this Plan:

a) Development that involves rebuilding after natural disasters such as bushfires, flooding or major storm events;

b) An application for demolition, where there is no replacement building;

Exemptions from paying the contribution under clause 3.9.2 are solely at the discretion of Council. Applicants wishing to seek exemption should provide evidence that clearly demonstrates the basis of their claim for exemption at application stage.

3.10.3 All applications submitted by or on behalf of Blue Mountains City Council, including those applications for a public purpose, (including the provision of public infrastructure, including infrastructure funded by the Section 94A levy) are exempt from paying any contribution.

EXPLANATION: This clause stipulates the type of developments that may be exempted from paying contributions. Some types of developments are exempt through legislation, refer to cl 25J of the EP&A Regulations and some are discretionary exemptions subject to Council determination.

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3.11 Construction certificates and the obligation of accredited certifiers

In accordance with Clause 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with clause 142(2) of the EP&A Regulation 2000. Failure to follow this procedure may render such a certificate invalid.

The only exceptions to the requirement are where a deferred payment arrangement has been agreed with the Council. In such cases, the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

EXPLANATION: This clause serves to make private certifiers aware of their obligations in relation to the payment of contributions.

3.12 Complying development and the obligation of accredited certifiers

In relation to an application made to a certifying authority (whether the Council or accredited certifier) for a complying development certificate:

a) The certifying authority must, if a complying development certificate is issued, impose a condition requiring a development contribution to be paid in accordance with this Plan; and

b) Such contribution can only be a monetary contribution required under this plan; and

c) The condition must specify that the monetary contribution must be paid before any construction works commence.

It is the responsibility of the certifying authority to impose an appropriate development contribution condition in a complying development certificate. Deferred payments of contributions required by a condition of a complying development certificate will not be accepted.

3.13 Are there any alternatives to payment of the levy?

Offer to enter into a Voluntary Planning Agreement

If the applicant does not wish to pay a contribution in connection with the carrying out of development, the applicant may offer to enter into a voluntary planning agreement with the Council under section 93F of the EP&A Act 1979 in connection with making the development application.

Note: Should the Act be amended then the requirements of the Act will prevail.

Under a planning agreement, the applicant may offer to pay money, dedicate land, carry out works, or provide other material public benefits for a public purpose. Those purposes need not relate to the impact of the applicant’s development or to the items listed in the works schedule of this Plan.

The applicant’s obligations under a planning agreement may be additional to, or accepted in lieu of paying a contribution in accordance with a condition of development consent authorised by this plan. This will be a matter for the Council.

Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of that application. If Council agrees to enter into the planning agreement, it may impose a condition of development consent under section 93I(3) of the EP&A Act 1979 requiring the agreement to be entered into and performed. If Council does not agree to enter

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into the planning agreement, it may grant consent subject to a condition authorised by this Plan requiring the payment of a contribution.

EXPLANATION: This Part relates to whether or not the Council will consider, instead of a financial payment for the contribution, the negotiation of a Voluntary Planning Agreement that would deliver an “in kind” contribution as an alternative to the payment of the Section 94A levy.

This approach is solely at the discretion of Council and would be used only in limited situations.

3.14 Application of contributions collected under this Plan

Contributions paid to the Council under this Plan will be applied by the Council towards meeting the cost of provision or augmentation of public facilities. Appendix C to this Plan provides a summary of public facilities that will be provided by the Council as well as the estimated cost of provision and timing.

3.15 Pooling of contributions

This Plan authorises Section 94A monies paid by different developments, to be pooled and applied by Council progressively towards the public facilities listed in the works schedule of this Plan in Appendix C, in accordance with the priorities included therein.

This Plan also authorises funds collected under previous Developer Contributions Plans in force from time to time within the LGA that have been repealed, or otherwise collected under Section 94 of the Act to be pooled and applied by Council to implementing the Works Schedule included in this Plan.

EXPLANATION: This Part enables the Council to combine money paid for infrastructure contributions into a consolidated account and spend the money as required. This avoids the problem of having multiple accounts with small amounts of money sitting in them unable to be spent in a reasonable timeframe for the works identified in the respective Schedules of Works.

It also provides for unspent money collected under now repealed Section 94 Plans and/or prior to the commencement of any Section 94 Plans to be transferred to Councils Section 94A accounts and to be spent on projects identified under the Section 94A Plan Works Schedule

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Part 4: Expected Development & Demand for Public Facilities

This part broadly discusses the relationship between the expected types of development in the LGA and the demand for public amenities and services to meet forecast development.

4.1 Population trends

The unique natural environment of the Blue Mountains greatly influences the urban development pattern in the LGA and this has played a key role in the drivers for population change within the LGA. While the natural environment will continue to influence population change over the next decade, other principal elements that will also contribute to change include the rate of residential development, birth and death rates, changes to age and household structure as well as migration patterns.

While overall population forecasts for the LGA are modest, changes to the age structure and average household size will increase demand on some infrastructure and public facilities. In 2011 the total Blue Mountains population was estimated at 76,530 persons (Forecast id 2016). This is estimated to grow to 82,869 persons in 2036, an average annual growth rate of 0.21% (Forecast id 2016). The average household size is predicted to decrease from 2.52 to 2.34 in 2036 persons consequently a greater demand for diversity in dwelling types and public services and amenities is expected as housing needs change (Forecast id 2016).

The following graph shows population trends from 2006 and estimated growth to 2036.

Source: http://forecast.id.com.au/blue-mountains/population-households-dwellings

4.2 Residential development

Residential development is influenced by factors such as population growth and structural change, the economic situation such as housing affordability in the Sydney metropolitan area and land

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availability. Forecast id (2016) estimate an additional 3,238 structural private dwellings, from 33,990 in 2016 to 37,228 in 2036, as shown in the following table.

Forecast dwellings and development

Blue Mountains City 2016 2036 Change between 2016 and 2036

Area Number % Number % Number %

Blue Mountains City 33,990 100.0 37,228 100.0 +3,238 +9.5

Blackheath - Western Townships 3,550 10.4 3,849 10.3 +299 +8.4

Blaxland 2,868 8.4 3,173 8.5 +305 +10.6

Faulconbridge 1,581 4.7 1,654 4.4 +73 +4.6

Glenbrook - Lapstone 2,270 6.7 2,369 6.4 +99 +4.4

Hazelbrook 1,985 5.8 2,190 5.9 +205 +10.3

Katoomba - Medlow Bath 4,798 14.1 5,590 15.0 +792 +16.5

Lawson - Bullaburra 1,784 5.2 1,970 5.3 +186 +10.4

Leura 2,368 7.0 2,638 7.1 +270 +11.4

Mount Riverview 1,118 3.3 1,150 3.1 +32 +2.9

Springwood - Valley Heights 4,021 11.8 4,323 11.6 +302 +7.5

Warrimoo 873 2.6 913 2.5 +40 +4.6

Wentworth Falls 2,958 8.7 3,159 8.5 +201 +6.8

Winmalee - Yellow Rock 2,782 8.2 3,096 8.3 +314 +11.3

Woodford - Linden 1,033 3.0 1,153 3.1 +120 +11.6

Source: http://forecast.id.com.au/blue-mountains/dwellings-development-map

The expected types of residential development include residential flat buildings, dual occupancies, multi-unit housing, detached dwellings and alterations and additions to existing dwellings.

4.3 Commercial and industrial development Commercial and industrial development is largely dictated by the private market, however growth is also influenced by the available infrastructure and services to development sites. Notwithstanding this, there is both greenfield, brownfield and infill areas available to accommodate growth in the commercial and industrial sectors. Growth in industrial services is predicted to be modest predominately for manufacturing purposes, recreational, personal services and government related land uses.

4.4 Other types of development Recreation related development is expected to remain relatively stable. There may however be an increase in demand for tourist related development, which may lead to a demand for more infrastructure and facilities.06 2011 2016

4.5 Effect on demand for public facilities Although moderate, the expected growth and structural change to the LGA demographics and development will diminish the existing population’s enjoyment and standards of public facilities without extension and augmentation of public facilities.

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Infrastructure and asset works required to accommodate changes to population and increased development include:

• Town centre civic improvements and safety infrastructure – furniture installation, street tree installation and pavement improvements;

• New and/or augmented recreational facilities – play equipment, soft and hard landscaping and public facilities;

• Installation of traffic safety devices throughout local road network; • Pedestrian infrastructure – improved footpaths, crossings and refuges; and • Drainage infrastructure improvement – gross pollutant traps, pipes and pits, flood

mitigation measures and erosion control

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APPENDIX A: REGISTERED* QUANTITY SURVEYOR’S DETAILED COST REPORT Applicable to development costs in excess of $2,000,000 (Refer to Clause 3.3) *A member of the Australian Institute of Quantity Surveyors

DEVELOPMENT APPLICATION No.:

COMPLYING DEVELOPMENT CERTIFICATE APPLICATION No.:

CONSTRUCTION CERTIFICATE No.: DATE:

APPLICANT’S NAME:

APPLICANT’S ADDRESS:

DEVELOPMENT NAME:

DEVELOPMENT ADDRESS:

DEVELOPMENT DETAILS:

Gross Floor Area – Commercial: m2 Gross Floor Area – Other: m2

Gross Floor Area – Residential: m2 Total Gross Floor Area: m2

Gross Floor Area – Retail: m2 Total Site Area: m2

Gross Floor Area – Car Parking: m2 Total Car Parking Spaces:

ESTIMATE DETAILS:

Professional Fees

% of Construction Cost:

$

Excavation

Cost per m2 of site area:

$

$ /m2

Demolition and Site Preparation

Cost per m2 of site area:

$

$ /m2

Car Park

Cost per m2 of site area:

Cost per space:

$

$ /m2

$ /space

Construction – Commercial

Cost per m2 of commercial area

$

$ /m2

Fit-out – Commercial

Cost per m2 of commercial area

$

$ /m2

Construction – Residential

Cost per m2 of residential area

$

$ /m2

Fit-out – Residential

Cost per m2 of residential area

$

$ /m2

Construction – Retail

Cost per m2 of retail area

$

$ /m2

Fit-out – Retail

Cost per m2 of retail area

$

$ /m2

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Construction Cost (including excavation, demolition etc)

$

Professional Fees $

GST $

Total Development Cost $

I certify that I have:

• inspected the plans the subject of the application for development consent or construction certificate.

• prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost Management Manuals from the Australian Institute of Quantity Surveyors.

• calculated the development costs in accordance with the definition of development costs in Clause 25J of the Environmental Planning & Assessment Regulation 2000 at current prices.

• included GST in the calculation of development cost. • measured gross floor areas in accordance with the Method of Measurement of Building Area in the

AIQS Cost Management Manual Volume 1, Appendix A2.

Signed:

Name:

Position and Qualifications:

Date:

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APPENDIX B: SCHEDULE OF ITEMS FOR CALCULATING THE PROPOSED COST OF CARRYING OUT THE DEVELOPMENT Clause 25J of the Environmental Planning and Assessment Regulation 2000 stipulates the items for inclusion when estimating the proposed cost of carrying out a development as summarised below. It is recommended proponents consult the Environmental Planning and Assessment Regulation 2000 for full descriptions.

A. if the development involves the erection of a building, or the carrying out of engineering or construction work— the costs of or incidental to erecting the building, or carrying out the work, including: • demolition • excavation and site preparation • decontamination or remediation • structure / building • carparking / driveway / road construction • external services eg drainage / sewer • landscaping

B. if the development involves a change of use of land—the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

C. if the development involves the subdivision of land—the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development:

(a) the cost of the land on which the development is to be carried out (b) the costs of any repairs to any building or works on the land that are to be retained in

connection with the development (c) the costs associated with marketing or financing the development (including interest

on any loans) (d) the costs associated with legal work carried out or to be carried out in connection with

the development (e) project management costs associated with the development (f) the cost of building insurance in respect of the development (g) the costs of fittings and furnishings, including any refitting or refurbishing, associated

with the development (except where the development involves an enlargement, expansion or intensification of a current use of land)

(h) the costs of commercial stock inventory (i) any taxes, levies or charges (other than GST) paid or payable in connection with the

development by or under any law (j) the costs of enabling access by disabled persons in respect of the development (k) the costs of energy and water efficiency measures associated with the development (l) the cost of any development that is provided as affordable housing (m) the costs of any development that is the adaptive reuse of a heritage item.

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APPENDIX C: SCHEDULE OF WORKS Levies will be applied towards meeting the cost of provision or new, augmentation or extension of public facilities contained in the following schedule along with estimated timing. Delivery of these projects is subject to receipt of predicted Section 94A levies and available balance of funding.

Section 94A allocation

Category Description Year 1 2017-18

Year 2 2018-19

Year 3 2019-20

Year 4 2020-21

Year 5 2021-22

Est. Expenditure Year

Funding Priority

Community Buildings and Facilities

Springwood Theatre & Community Hub. Recoupment of cost of construction

$200,000 $200,000 $200,000 $200,000 $200,000 Annually 2017-21 High

Town Centre Improvements

Hazelbrook Masterplan – village centre car park and public domain works

$150,000 2017-18 High

Blackheath Masterplan implementation – public domain works

$300,000 2018-20 Medium

Springwood Masterplan implementation – public domain works

$300,000 $300,000 2019-21 Medium

Blaxland Masterplan – public domain works $40,000 $300,000 2019-20 2021-23

Medium Medium

District Park Program

Glenbrook Park – play equipment $150,000 2017-18 High

District Park Program Implementation: Glenbrook Park, Wentworth Falls Lake Park, Blackheath Memorial Park

$100,000 $100,000 $100,000 $100,000 $100,000 2018-21 Medium

Total allocated funding $600,000 $600,000 $640,000 $600,000 $600,000

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APPENDIX D: MAPS OF SCHEDULED WORKS Levies collected under this plan are directed towards projects at locations shown in the following maps.

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Blue Mountains Theatre & Community HUB, Springwood

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Hazelbrook Town Centre

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Blackheath Town Centre, Blackheath

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Springwood Town Centre, Springwood

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Blaxland Town Centre, Blaxland

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Glenbrook Park, Glenbrook

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Wentworth Falls Lake Park, Wentworth Falls

SUBJECT SITE

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BLUE MOUNTAINS CITY-WIDE SECTION 94A CONTRIBUTIONS PLAN

N SCHEDULED WORKS: Blackheath Memorial Park, Blackheath

SUBJECT SITE